Terms of Use

Last updated on: Jan 22, 2010

Acknowledgement and Acceptance of Terms of Use: Thank you for visiting our web site. Please read the terms and conditions of use (the “Terms of Use”) set forth below carefully as they contain the legal terms that govern your use of any web site web page, services and products operated or provided by Waterloo Maple Inc. (“Maplesoft”, “we” or “us”) (collectively referred to as, the “Services”). By accessing, viewing, downloading or otherwise using the Services you agree to be bound by the Terms of Use and any other policies or agreements made part of the Terms of Use by reference, including without limitation the Privacy Policy, as well as any new, different or additional terms, conditions or policies which Maplesoft may establish from time to time.

If you do not agree to the Terms of Use, then you must discontinue accessing the Services. Maplesoft may modify the Terms of Use at any time, without notice and in its sole discretion. Your continued use of any of the Services after any modification will constitute your acknowledgement and acceptance of the Terms of Use as modified. Please consult the Terms of Use regularly.

Registered Member Passwords / Account Access: In accordance with the Terms of Use, certain Services may require that you register as a member of the Services (a “Registered Member”) and to provide information about yourself (such as identification or contact details) as part of the registration process for a Service, or as part of your continued use of the Services. You agree that any registration information you give to Maplesoft will always be accurate, correct and up to date.

If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you suspect that someone else knows your password, you must change it immediately and you must notify Maplesoft of any unauthorized use of your password or account or any other breach of security by contacting Maplesoft either by telephone (519-747-2373) or by e-mail (info@maplesoft.com) as soon as possible and follow any instructions given to you. Maplesoft cannot and will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this section.

The Services are intended for a general audience, and children under the age of thirteen are not permitted to register as a Registered Member. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein. Your Maplesoft account may be deleted and your membership may be terminated without warning, if we believe that you are under thirteen years of age.

You agree that Maplesoft shall not be liable to you nor any third party for any termination of your account or access to the Services.

Privacy: Maplesoft’s policies and procedures with respect to its collection and use of your personal information are governed by our privacy policy (the “Privacy Policy”), which is incorporated into the Terms of Use by reference. To view the Privacy Policy, please visit http://www.maplesoft.com/privacy/. The Privacy Policy provides your rights and our responsibilities with regard to your personal information. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

Products and Services: All products and services referred to through the Services are subject to the terms of the applicable Separate Agreement (as defined below) governing their use. The Services do not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation. Maplesoft software is provided subject to a License Agreement (as defined below) and you agree that you will be bound by such License Agreement.

Other agreements; Services or Access: Maplesoft may make certain of the Services available under the terms of a separate agreement between you and Maplesoft (a “Separate Agreement”). Maplesoft’s obligations with respect to any product, service, or access that it makes available to you under any Separate Agreement shall be governed solely by the Separate Agreement under which such product or service is provided and these Terms of Use shall not be deemed or construed to alter the terms of such Separate Agreements, unless otherwise provided for in an Separate Agreement.

For example, the use of any software that is made available to download from any of the Services ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

Our License Grant to You: Subject to the terms and conditions set forth in the Terms of Use, including, without limitation, those terms and conditions set out in any applicable Separate Agreement, Maplesoft grants you a non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Services in accordance with the Terms of Use and any applicable agreement governing the use of specific Services. You agree that you will not use the Services to: (i) misappropriate the intellectual property rights of Maplesoft or its affiliates; (ii) attempt to deface, modify or manipulate any of the Services or employ any tactic to defeat or evade any security feature employed by the Services; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Services, or any customer, vendor, dealer or employee of Maplesoft; and (iv) modify, erase or damage any information contained on the Services or any computer hardware or information storage device owned or used by Maplesoft. As an additional term and condition of use of the Services, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Services through reverse engineering.

Our License to use Your Content: We require certain rights to the messages, information, data, text, submissions or other materials (collectively, the “Content”) that you transmit or submit to or through the Services (“Your Content”) (expressly excluding your user data and personal information, which is collected in accordance with the Privacy Policy) in order to operate certain of the Services. By submitting, transmitting or posting Your Content through any of the Services, you grant Maplesoft a world-wide, royalty free, perpetual, irrevocable and non-exclusive right and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the purposes of operating and providing the Services, and you waive all moral rights in relation thereto. Maplesoft shall be entitled to use Your Content without compensation or obligation to you. You acknowledge that there is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and Maplesoft, by virtue of the submission or transmission by you of Your Content.

By submitting, posting or otherwise providing Your Content in connection with the Services, you represent and warrant to Maplesoft that you own or otherwise control all of the rights to Your Content; that use of Your Content by Maplesoft will not infringe or violate the rights of any third party or violate any applicable law; and that you have or have acquired all the necessary rights to grant to Maplesoft the licenses or other rights that you have granted in these Terms of Use.

Conduct: Certain of the Services are community oriented. Please remember that any of Your Content that you submit or display in connection with the Services is your own responsibility and we expect you to take utmost care to ensure that Your Content remains friendly, courteous, respectful of others and is in compliance with these Terms of Use.

You are required to comply with all applicable laws in connection with your use of the Services and such further limitations as may be set forth below and in any written or on-screen notice from Maplesoft. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use or are otherwise harms Maplesoft, its affiliates, its service providers, suppliers or customers.

When using or contributing to the Services you agree not to submit, upload, email or otherwise transmit, whether or not part of Your Content, any:

Content that abuses any person or group based on racial, ethnic or religious affiliation, national origin, physical disability or sexual orientation;

Content that is likely to leave other users of the Services feeling harassed, threatened, bullied, stalked, intimidated or abused, or their privacy invaded;

Content that impersonates any person or entity, including but not limited to, employees of Maplesoft, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Content promoting or endorsing any activity that is illegal or offensive;

Content containing, or contain links to, files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;

Content that is “spam”, advertising or promotion of commercial services or products and or attempts to fundraise or solicit money from any other members or visitors to the Services;

Content that infringes the rights of a third party (including, but not limited to, copyrights, trademarks, patents, rights of privacy and trade secrets); or

Content containing hyper-links to other web sites that contain content that falls within the descriptions set forth above.

You further agree not to: use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Registered Member; delete or revise any material or other information of any other user of the Services; harvest, collect, or send information about others, including e-mail addresses, without their consent; take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted in connection with the Services; or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.

You acknowledge and additionally agree to the following:

You may not submit, transmit, link to, or otherwise distribute any Content that does not generally pertain to the designated topic or theme of the particular forum or chat room.

We reserve the right to stop any conduct that restricts or inhibits the community of members from fully utilizing and enjoying the Services.

We reserve the right to act to delete any and all material that contravenes any of the Terms of Use or which may otherwise have a negative impact on the safe, respectful, legal, friendly and courteous operation of the Services.

In accordance with our Privacy Policy, we reserve the right to disclose any information, including your identity, as necessary to satisfy any legal, regulatory or other governmental request.

Maplesoft reserves the right (but does not have the obligation) to review submissions on the Services, to remove any submissions, and to terminate your ability to submit in connection with the Services at any time without notice, in its sole discretion.

Interactive Features: Forums and Chat: When participating in any forum, chat or other interactive Service (each a "Forum"), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Maplesoft and/or its affiliates and licensors cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information.

When using a Forum, you may not submit, transmit, link to, or otherwise distribute any Content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Maplesoft and its designees shall have the right in their sole discretion to edit, refuse to post, or remove any of Your Content, including, without limitation, Posts and/or to move such Posts to other areas of the Services. Without limiting the foregoing, Maplesoft and its designees shall have the right to remove any Posts that are in violation of the provisions hereof or otherwise objectionable. We reserve the right to revoke your membership and access to the Services without notice to you.

Use of and/or participation in connection with any Forum shall indicate your acceptance of these Terms of Use.

Termination or Withdrawal of Access: Maplesoft reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services at any time, for any reason and without notice to you, in which case the Terms of Use will continue to apply in respect of your past access. Without limiting the foregoing, Maplesoft will terminate your use of the Services upon: (a) a breach or violation of the Terms of Use or other incorporated agreements or guidelines, (b) a request by law enforcement or other government agencies, (c) a request by you (self-initiated account cancellations), (d) unexpected technical issues or problems, or (e) extended periods of inactivity. Maplesoft will not be liable for any losses, damages, expenses or inconvenience that results from Maplesoft's withdrawal of your access (whether with or without prior notice to you) and without any liability to you for doing so.

Misprints and Errors: We endeavor to provide current and accurate information on or through our Service. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. Maplesoft reserves this right at any stage of the online ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Maplesoft is not obligated to sell products or services based on errors or misprints on any Maplesoft web site.

Return Policy: Maplesoft’s policies and procedures with respect to the return of products purchases made directly from Maplesoft are governed by our return policy (the “Return Policy”), which is incorporated into the Terms of Use by reference. To view the Return Policy please visit: http://www.maplesoft.com/returnpolicy.aspx

Copyright: Information on the Services, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the "Services Information") is protected under the copyright laws of Canada and other countries. Certain items of the Services Information may be the copyright of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any of the Services Information.

Maplesoft respects the intellectual property of others and we ask our users to do the same. Pursuant to the (U.S.) Digital Millennium Copyright Act, 17 U.S.C. 512, Maplesoft has designated an agent to receive notifications of alleged copyright infringement. Maplesoft has designated the following agent:

If you wish to notify Maplesoft of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by Maplesoft (whether submitted by you or a third party) in connection with the Services, you may contact Maplesoft as set forth above and request that we remove such materials. All such requests must include: (i) contact information for you, including name address, telephone number and/or email address; (ii) a description of the copyrighted work that you wish to have removed from the Services (the "Materials"); (iii) a description of where the Material is located on the Services - for logos, such description should include an image file name and/or URL link associated with the logo; (iv) a statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and (v) an electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner. Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from the Services.

Trademark: Unless otherwise indicated, all marks displayed on the Services are subject to Maplesoft’s trademark rights. All rights in the product names, company names, trade names, logos and designs of Maplesoft or a third-party, whether or not appearing with the trademark symbol, belong exclusively to Maplesoft or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.

Indemnity: You agree to indemnify and hold Maplesoft, its subsidiaries, affiliates, licensors, employees, agents, officers and directors (the "Indemnified Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim (whether by Maplesoft and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, that arises out of:

your use of the Services;

your connection or access to the Services;

your violation of the Terms of Use; or

your violation of the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Data and Access Disclaimer: We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using the Services.

The Services are “As-Is”: USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS". MAPLESOFT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (the “Maplesoft Parties”) EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MAPLESOFT PARTIES DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF SERVICES OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MAPLESOFT PARTIES MAKE NO WARRANTY THAT (1) ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE; AND (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH MAPLESOFT WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPLESOFT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation Of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MAPLESOFT PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MAPLESOFT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE ANY OF THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES; OR (5) ANY SERVICES INFORMATION OR OTHER MATTER RELATING TO THE SERVICES OR MAPLESOFT.

System Outages: Maplesoft periodically schedules system downtime for maintenance and other purposes. Unplanned system outages in connection with the Services may also occur. You agree that Maplesoft shall have no liability whatsoever for (i) the resulting unavailability of the Services, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services

Third Party Web Site Disclaimer: Please note that certain links made available through the Services may take you to other web sites. Links to other web sites or other resources which are not created or controlled by Maplesoft ("Linked Sites") are intended for convenience only. Linked Sites are wholly independent from Maplesoft, therefore Maplesoft has no control over any products, services, materials, or other information contained in or available through these third party web sites. Therefore, access to any third party web sites through the Services, regardless of whether the third party web site is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. Maplesoft makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.

E-mail to Maplesoft: E-mail sent over the Internet is not secure and not confidential and may be intercepted or lost or possibly altered. If you send Maplesoft confidential information by e-mail, Maplesoft will not be liable if it is lost or intercepted, altered or misused by someone else. If you send Maplesoft e-mail, you agree that Maplesoft may (at its sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree that Maplesoft will not be liable if the information provided is lost or intercepted, altered or misused by a third party. Subject to our commitment to handle personal information pursuant to our Privacy Policy at http://www.maplesoft.com/privacy/, any communication or material you post or transmit to Maplesoft over the Internet is, and will be treated as, non-confidential and non-proprietary. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or violate any law.

Beneficiaries: Maplesoft Parties are not parties, but intended third party beneficiaries of the Terms of Use, with a right to enforce the Agreement directly against you.

Assignment: You may not assign any rights or obligations under the Agreement and any purported assignment shall be ineffective. Maplesoft assign or delegate all rights and obligations under the Maplesoft without notice to you.

Governing Law: The Terms of Use and any sales thereunder shall be deemed to have been made in the Province of Ontario and shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby agree to the non-exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regard to the conflicts of laws principles. Notwithstanding anything in these Terms of User, to the extent that consumer protection legislation requires certain provisions to apply to you, such provisions will apply to these Terms of Use.

General Provisions: The failure of Maplesoft to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Should you have any questions concerning the Terms of Use, contact Maplesoft at:

Maplesoft™, a subsidiary of Cybernet Systems Co. Ltd. in Japan, is the leading provider of high-performance software tools for engineering, science, and mathematics. Its product suite reflects the philosophy that given great tools, people can do great things.